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tswartz123, Attorney
Category: Estate Law
Satisfied Customers: 3171
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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My father passed away 3 weeks ago and left no will. He had

Customer Question

My father passed away 3 weeks ago and left no will. He had no real estate assets. His checking and savings account had my name on he account as co-owner, so that when he passed the money would go straight to me. My trailer's title had been signed over to me by him prior to his death.
I need to know what I forms, if any, need to be filed with a court and can I do this myself, since there is no money left after his illness.
Submitted: 11 months ago.
Category: Estate Law
Expert:  tswartz123 replied 11 months ago.

Hello Nancy,

If all of your father's property was jointly owned by you there is no need to go into a probate court and probate your father's estate. If property is jointly owned, it does not go into a deceased person's estate, and ownership is automatically transferred to the surviving owner by operation of law. In other words you only need to go into probate court if your father owned separate property not jointly owned with you. And if he signed over his trailer to you by deed prior to his death there would be no need to go into court. The trailer would already belong to you

The only thing that you would have to do would be to notify the financial institution that holds the checking and savings account of your father's death, and you would have to provide them with a death certificate. The financial institution would then just put the account in your name alone.

I hope this helps.